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Alabama State Port Authority Invitation to Bid BID PURPOSE AND REQUIREMENTS ALABAMA STATE PORT AUTHORITY LAWN SERVICES CONTRACT The Alabama State Port Authority (ASPA) will accept sealed bids for Lawn Care Service to be performed at the following locations: A. International Trade Center Building, 250 N. Water St., Mobile, AL (NR) B. Delchamps, Congress, Lipscomb and Adams & Magnolia Properties, Mobile, AL (NR) C. Pinto Terminal, near 631 Dunlap Drive (for mapping purposes), Mobile, AL (R) D. McDuffie Island, 1900 Ezra Trice Blvd., Mobile, AL (R) E. MRT Facility (R) F. Virginia Street (NR) G. Yeend Street (Old Frascati) (NR) H. Baker Street (NR) I. Armstrong Facility (R) J. ICTF (-R) K. Paper Mill Road (NR) L. Brookley Field Property (near Airbus) (NR) (R) Restricted Facility (NR) Non-Restricted Facility The Lawn Care Contract shall be for a period of twelve (12) months effective October 1, 2016 and ending September 30, 2017. ASPA reserves the sole right to renew the contract in one year increments at no cost to the ASPA for a period of up to two (2) years with the option to extend up to five (5) years, with the first renewal year contract beginning October 1, 2017. ASPA reserves the right to terminate this contract without cause and without penalty. ASPA reserves the right to amend this contract at any time without penalty. ASPA reserves the right to reject any and all bids deemed for the interest of the Alabama State Port Authority and reserves the right to strike out any item(s) in the proposals, and to waive any defect or irregularity not a violation of law or to make any modification in the several conditions herein stipulated that are deemed to be in the best interest of the Alabama State Port Authority, including the separation of items of a class in making awards. In general, awards will be made to the lowest satisfactory bidder. Requested: Joy Lang Fixed Assets Manager Date Approved: Kelly Sims Real Estate Manager Date Judith Adams Vice President, Marketing Date Larry Downs CFO, Secretary/Treasurer Date James K. Lyons Director & CEO Date

No allowance will be made for errors, either of omission or commission, on the part of the bidders. It must be assumed that bidders have fully informed themselves as to all conditions, requirements, and specifications before submitting proposals and they cannot expect to be excused or relieved from the responsibility assumed by their proposals on the plea of error. In case of error in extension of prices, the unit price will govern. The ASPA reserves the right to reject at will any employees of the Contractor to perform work on ASPA property. Where applicable, also include evidence of holding a current license from the State Licensing Board for General Contractors, Montgomery, Alabama, as required by Chapter 8 of Title 34 of the Code of Alabama, 1975. Questions or comments pertaining to this bid must be presented in writing, sent via email to the attention of Joy Lang, ASPA Fixed Assets Manager, email: jlang@asdd.com no later than five (5) working days prior to the bid opening or will be forever waived. All answers will be posted to ASPA s website. Sealed bid proposals must be delivered via mail courier to the Alabama State Port Authority, 250 N. Water Street, Suite 330, Mobile, AL 36602 prior to the bid opening. Bids must be sealed and must state the Bid Title on the outside of the envelope. Failure to mark and/or seal the Bid Package with the Bid Title will invalidate the bid. Sealed bid proposals can also be hand delivered to aforementioned address until 8:30 a.m. September 8, 2016. All submitted bids will be publicly opened at 9:00 a.m. September 8, 2016 in the Killian Room, first floor, 250 N Water St., Mobile, AL. 36602. ASPA WILL NOT ACCEPT BIDS VIA EMAIL OR FAX. Prospective bidders must attend a MANDATORY Pre-bid Meeting and Tour of Facilities. The meeting and tour is expected to take up to three hours. Due to security access policies, only one person per company may be allowed to attend the pre-bid tour. Please confirm your attendance at the mandatory pre-bid meeting to Joy Lang at jlang@asdd.com at least three days prior to the meeting. Failure to confirm your attendance will result in you not being able to attend the mandatory pre-bid meeting and tour, which is required in order to bid. The purpose of the meeting and tour is to allow prospective bidders to tour the facilities and familiarize themselves with the specific locations and to ask questions regarding the requirements of the proposed contract. Prospective bidders must have a valid photo ID issued by a city, state or federal agency in order to attend the pre-bid tour. ASPA has scheduled one Mandatory meeting as follows: August 23, 2016 at 9:00 a.m. International Trade Center, Killian Room, 250 N. Water Street, Mobile, AL.; Prospective bidders must return a signed and notarized copy of the attached STATE OF ALABAMA DISCLOSURE STATEMENT as required by Alabama Act 2001-955. Failure to enclose the signed and notarized form in the sealed bid package will invalidate the bid. All bidders are to carefully examine the site(s) of the proposed work on at the pre-bid meeting and tour and thoroughly review the contract requirements prior to submission of a bid proposal. Each Bidder shall satisfy oneself as to the character, quality, and quantities of work to be performed, and as to the requirements of the proposed contract. The submission of a proposal shall be proof that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed Contract. Also, non-residents of the State must show evidence of having qualified with the Secretary of State to do business in Alabama. For bids submitted in amounts of $50,000 and above, the following will apply: Pursuant to Section 34-8-1 (A) of the Code of Alabama, each bidder must submit with their bid proof of licensing through the Alabama State Board of Licensing for General Contractors, with approved maximum bid limits sufficient to cover the bid related to this specification. Failure to 2

comply will be cause for rejection of the bid. Bidder must furnish license number. A copy of the bidder s current year s license will expedite the evaluation process. You must have one of the following licenses if the bid is over $50,000: HS-S: Landscaping, MU-S: Landscaping or SC: Landscaping. As further clarification regarding the General Contractors license, if your bid is over $50,000, you must have evidence of a valid General Contractors license included with your bid i.e. your license number or furnish a copy of the license. Upon opening a bid, if the bid is over $50,000 and the bidder does not provide evidence of a valid General Contractors license, the bid will be disqualified. We will not waive this requirement if the bid is over $50,000. Project Description and Work to be Performed: The ASPA is seeking lawn care for specific facilities. The scope of services for this project will include, but not be limited to furnish all labor, tools, equipment, insurance, supervision and incidentals necessary to provide grounds care to the Alabama State Port Authority facilities listed in this bid. The successful bidder must have a working knowledge of the maintenance of grass areas, mowing, plant identification, debris removal and other related work areas. The successful bidder must demonstrate in the bid submittal evidence of a qualified and experienced staff. Bidder shall submit a list of equipment necessary to perform job and number of crew (including years of experience the crew has in commercial lawn care). Service for items A - L shall generally include, but not be limited to: grass cutting, raking, edging, hedging, and removal of debris and trash from designated areas. Grass will be mowed at a height of four inches. All grass shall be trimmed evenly with the edges of all curbs and sidewalks. All properties must be maintained to the street. All debris that could interfere with cutting (such as wire, bottles, rocks, litter, paper) should be cleared from the area prior to starting operations for all cutting. Debris and trash shall be removed from property and properly disposed of away from the property. Broken or fallen limbs will be removed from property during each visit. All paved areas (i.e. curbs, streets, sidewalks, parking lots) are to be blown clean of debris. Bark is not to be damaged when mowing and trimming around trees. Mowing patterns will be established and changed on a monthly basis to create a more aesthetically pleasing and professional appearance. Mowers used shall allow clippings to be bagged and removed from property or be mulched and distributed evenly over cut areas. Pruning of ornamental shrubs (up to 15 in height), ground cover and removal of any dead limbs will be conducted at least five times per year or as required to maintain a neat appearance. A deep prune to obtain uniformity shall be performed in early winter. In addition to the above services, add the following for Item A only: Around the International Trade Center, maintain flower beds to include year round plants (such as evergreens and add seasonal color in the spring and fall), weed on a regular basis and add mulch/pine straw for contrast to the front and sides of the Trade Center. Straw bedding in flowerbeds shall be replaced a minimum of two times per year or as required to maintain a neat appearance. Sidewalks and parking lot around the Trade Center must be maintained and kept free of weeds at all times. The backside of the property must also be maintained quarterly (even hedges, weeds, grass, etc.). The lawn service company will be responsible for all repair costs for any damage to property resulting from the lawn service company s actions, such as broken windows, equipment, etc. Pursuant to the Code of Alabama, 1975, Title 40-23-4 (A) (11), the ASPA is exempt from paying taxes. An exemption letter will be furnished upon request. See attached drawings for ASPA locations. Drawings are furnished as a guide only. Exact areas to be serviced will be discussed in detail at the mandatory pre-bid meeting. Successful bidder must be familiar and adhere to the rules and regulations of the City of Mobile Litter Ordinance at all times. Bids will be awarded on an all or none basis unless otherwise stated. 3

All invoices should be sent to: Alabama State Port Authority Attn: Accounts Payable P. O. Box 1588 Mobile, AL 36633-1588 Or send via email to accountspayable@asdd.com with a copy to Joy Lang at jlang@asdd.com. All invoices should list dates of service for all locations and should indicate work performed at each location. Invoices should be received no later than the 5th of each month and net thirty days payment. By signing this bid, I affirm the stipulated services will begin on October 1, 2016 or two days from receipt of written notification by ASPA. Bidders must furnish with sealed bids all insurance, City of Mobile business license, list of all chemicals by manufacturer s name with MSDS sheets, which must be approved by the Environmental Protection Agency and State of Alabama Agriculture and Industries, and appropriate certificates as received from federal, state and/or local agencies (to include, but not limited to, current Department of Agriculture and Industries permit), which verify qualifications to do such work listed in this bid. Bidders should also include a brief company history reflecting experience in the services listed in this bid and provide three commercial references. Procedure for Obtaining ASPA Credentials Successful bidders requiring access to the Alabama State Port Authority s restricted facilities to fulfill any obligations set forth in this bid must comply with the Authority s Access Policy found in its entirety at http://www.asdd.com/portaccess_policy.html It is the policy of the Alabama State Port Authority (ASPA) that all persons seeking unescorted access to port facilities must obtain an ASPA issued photo ID badge/decal to gain such access. Applicants for ASPA credentials must have a Transportation Worker Identification Credential (TWIC) in their possession in order to apply for an ASPA ID or renew an existing ID. Information about the Transportation Workers Identification Credential is available online at www.tsa.gov/twic or by calling 1-855-347-8371. The local TWIC Enrollment Center is located in the office of the Finch Company at 3201 Midtown Park South; Mobile, AL 36606. Information on Security Awareness Training classes and scheduling can be found at http://www.asdd.com/portaccess_securitytraining.html All prospective bidders are encouraged to review these policies and consider these requirements in preparing bid submissions as this bid will require TWIC Cards and ASPA issued photo ID badge/decal for access to the restricted facilities. NOTICE TO BIDDERS COMPLIANCE WITH BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT Effective October 1, 2011, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act ( the Act ) requires that any business entity contracting with or approving any grant or incentives to the state, including the Alabama State Port Authority, certify compliance with the Act. Alabama s law requires business entities conducting business with the state register with E-Verify on or before January 1, 2012. E-Verify is an Internet-based system that allows an employer to determine the eligibility of that employee to work in the United States. The E-Verify system is operated by the Department of Homeland Security in partnership with the Social Security Administration. E-Verify is available in Spanish. For more information about this system, please log on to http://www.dhs.gov/files/programs/gc_1185221678150.shtm. All Bidders must certify such compliance by executing the enclosed CERTIFICATE OF COMPLIANCE WITH THE BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT and returning it to the Alabama State Port Authority with your bid package. The Certificate must WITNESSED. 4

Bidders Submitted Price for Scope of Lawn Care Services Estimated number of cuttings for Item A per contract are every ten (10) days in April, May, June, July, August, and September and 1 time per month in January, February, March, October, November and December Bidders Total Price for Item A Estimated numbers of cuttings for items B, D, F-J, per contract, are 2 times per month in April, May, June July, August & September and 1 time per month in October, November, December, February & March. Bidders Total Price for Item B Bidders Total Price for Item D Bidders Total Price for Item F Bidders Total Price for Item G Bidders Total Price for Item H Bidders Total Price for Item I Bidders Total Price for Item J Estimated number of cuttings for the following Item C would be one cut per month in April, May, June, July, August, and September and every other month during the following months: January, February, March, October, November and December Bidders Total Price for Item C Estimated number of cuttings for the following Items E and L would be every three weeks in April, May, June, July, August, and September and once a month during the following months: January, February, March, October, November and December Bidders Total Price for Item E Bidders Total Price for Item L Estimated number of bush hog/cuts for item K would be a minimum of three times per year (two cuts in the spring/summer months and one cut in the fall/winter months. The three cuts must be coordinated with Joy Lang prior to service. Bidders Total Price for Item K. *Any additional cuttings for all items must be requested and approved in advance by Joy Lang. Bidders Submitted Price for additional call outs as the request of ASPA: Bidders Total Price for Item A Bidders Total Price for Item B 5

Bidders Total Price for Item C Bidders Total Price for Item D Bidders Total Price for Item E Bidders Total Price for Item F Bidders Total Price for Item G Bidders Total Price for Item H Bidders Total Price for Item I Bidders Total Price for Item J Bidders Total Price for Item K Bidders Total Price for Item L 6

PLEASE SEE ATTACHED INDEMNIFICATION SHEET & DISCLOSURE STATEMENT Company Representative Phone Email FOR ALL BIDS $15,000 AND OVER STATE OF ) COUNTY OF ) On this day of, 20, before me appeared, to me personally known, who, being by me duly sworn, did say that such person executed the foregoing instrument as the free act and deed of such person, having been duly authorized to execute such instrument in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public, State of Print Name My commission expires: Receipt of following addendums is acknowledged: Addendum No. Addendum No. Addendum No. Contractor s Signature: Contractor Company: Name Title Date 7

INSTRUCTIONS FOR BIDDERS ALABAMA STATE PORT AUTHORITY This instruction sheet is provided as a guide to facilitate the bid process and highlight important points for consideration by bidders. Each bidder is responsible for fully reading and complying with the instructions on the Alabama State Port Authority bid form. This instruction sheet is to be used as a guide ONLY. 1. Alternate bid proposals and/or suitable attachments may be rendered, with proper support. 2. If your company is not prepared to submit a bid, so state and sign to avoid being deleted from the prospective bidder's list. 3. The Alabama State Port Authority reserves the right to reject any and all bids if deemed in the Alabama State Port Authority's interest. 4. No allowance will be made for error, either omission or commission. 5. Unit price governs in errors relating to extension of prices. 6. Alabama State Port Authority policy has changed. Bids will not be accepted via FAX or EMAIL. All bids must be sealed and sent via mail courier or hand delivered to ASPA Fixed Assets Office located in the International Trade Center Building, 250 N. Water St., Mobile, Al., 3rd floor, Suite 330, before the specified date and time. 7. The Alabama State Port Authority accepts no responsibility for facilitating the receipt of bids. 8. Bids over $15,000 per year must be NOTARIZED. 9. Bids received after the specified opening time will be returned to the bidder unopened. Bidders are requested to show a return address on the bid envelope. 10. Bid proposals must be filled out completely, including the name, address, telephone number, fax number (if possible), and signature of the responsible person. 11. Questions must be submitted in writing to Joy Lang at jlang@asdd.com 12. Notarization not required on "SALE" BIDS. 13. 250 North Water Street is the street address. 14. Please specify the bid title on envelope. 8

INDEMNIFICATION ALABAMA STATE PORT AUTHORITY INSURANCE REQUIREMENTS FOR CONTRACT WORK The Contractor shall assume all liability for and shall indemnify and save harmless the State of Alabama and the Alabama State Port Authority, doing business as Alabama State Docks (ASD), and its officers and employees from all damages and liability for injury to any person or persons, and injury to or destruction of property, including the loss of use thereof, by reason of an accident or occurrence arising from operations under the contract, whether such operations are performed by himself or by any subcontractor or by anyone directly or indirectly employed by either of them occurring on or about the premises, or the ways and means adjacent during the term of the contract, or any extension thereof, and shall also assume the liability for injury and/or damages to adjacent or neighboring property by reason of work done under the contract INSURANCE REQUIREMENTS The Contractor shall not commence work under the contract until he has obtained all insurance required under the following paragraphs and until such insurance has been approved by ASD, nor shall the Contractor allow any subcontractor to commence work until all similar applicable insurance has been obtained by the subcontractor or the Contractor has provided coverage for the subcontractor. The Contractor shall provide, at his expense, insurance in accordance with the following: General Requirements (applicable to all policies)(required for this project) All policies of insurance must be written with companies acceptable to ASD. The Contractor shall furnish to ASD certificates of insurance, signed by the licensed agent evidencing required coverages. ASD reserves the right to require certified copies of any and all policies. Each policy of insurance shall provide, either in body of the policy or by endorsement, that such policy cannot be substantially altered or cancelled without thirty (30) days written notice to ASD and to the insured. Except for Workers Compensation, said policies will identify Alabama State Port Authority, its officers, officials, agents, servants and employees as Primary and Non-contributory Additional Insureds in connection with work performed for, on behalf of, or on the property of ASD, including a waiver of all rights of subrogation. General Liability (Required for this project) The Contractor shall take out and maintain during the life of the contract Commercial General Liability insurance, including Blanket Contractual and Completed Operations coverages, in an amount not less than $500,000 for any one occurrence for bodily injury, including death, and property damage liability. Automobile Liability (Required for this project) The Contractor shall take out and maintain during the life of the contract Business Automobile Liability insurance covering any auto in an amount not less than $500,000 for any one occurrence for bodily injury, including death, and property damage liability. Workers Compensation (Required for this project) The Contractor shall take out and maintain during the life of the contract Workers Compensation and Employers Liability insurance providing coverage under the Alabama Workers Compensation Act in an amount not less than that required by Alabama law. Where applicable, Contractor shall take out and maintain during the life of the contract insurance providing coverage as required by Federal statute, including but not limited to U.S. Longshoremen and Harborworkers Compensation Act (USL&H), Jones Act, and Railroad Federal Employers Liability Act (FELA). 9

State of County of CERTIFICATE OF COMPLIANCE WITH THE BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT (ACT 2011-535, as amended by Act 2012-491) DATE: RE Contract/Grant/Incentive (describe by number or subject): by and between (Contractor/Grantee) and (State agency, Department or Public Entity) The undersigned hereby certifies to the State of Alabama as follows: 1. The undersigned holds the position of with the Contractor/Grantee named above, and is authorized to provide representations set out in this Certificate as the official and binding act of that entity, and has knowledge of the provisions of THE BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT (Act 2011-535 of the Alabama Legislature, as amended by Act 2012-491) which is described herein as the Act. 2. Using the following definitions from Section 3 of the Act, select the initial either (a) or (b), below, to describe the Contractor/Grantee s business structure. BUSINESS ENTITY. Any person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession or occupation for gain, benefit, advantage or livelihood, whether for profit or not for profit. Business entity shall include, but not limited to the following: a. Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in this state, business trusts and any business entity that registers with the Secretary of State. b. Any business entity that possesses a business license, permit, certificate, approval, registration, charter or similar form of authorization issued by the state, any business entity that that is exempt by law from obtaining such a business license and any business entity that is operating unlawfully without a business license. EMPLOYER. Any person, firm corporation, partnership, joint stock, association, agent, manager, representative, foreman or other person having control or custody of any employment, or of any employee, including any person or entity employing any person for hire within the State of Alabama, including a public employer. This term shall not include the occupant of a household contracting with another person to perform casual domestic labor within the household. (a) The Contractor/Grantee is a business entity or employer as those terms are defined in Section 3 of the Act. (b) The Contractor/Grantee is not a business entity or employer as those terms are defined in Section 3 of the Act. 3. As of the date of this Certificate, contractor/grantee does not knowingly employ an unauthorized alien within the State of Alabama and hereafter it will not knowingly employ, hire for employment or continue to employ an unauthorized alien within the State of Alabama; 4. Contractor/Grantee is enrolled in E-Verify unless it is not eligible to enroll because of the rules of that program or other factors beyond its control. Certified this day of 20. Name of Contractor/Grantee/Recipient The above certification was signed in my presence by the person whose name appears above, on By: Its: this day of 20. WITNESS: Printed Name of Witness 10

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A. International Trade Center 250 North Water Street 13

B. Delchamps Drive, Congress Street, Lipscomb Street & Magnolia Street 14

K. Paper Mill Road 15

C. Pinto Island near 631 Dunlap Drive 16

D. McDuffie Island 1900 Ezra Trice Boulevard 17

E. MRT Facility 18

F. Virginia Street (Bridge) 19

G. Yeend Street (old Frascati) 20

I. Armstrong Facility Baker Street 21

H. Baker Street 22

J. ICTF 23

L. Brookley Field Property (near Airbus) 24